Splitting Hairs: Maintain VFR at / Maintain at or below

The Fold Transmitting in the Blind South Florida

So here is my debate topic:

In Class Bravo Airspace, specifically at Miami, when issuing a class Bravo VFR clearance, which would be "more correct"?

1) [Callsign], Cleared out of Bravo Airspace. Maintain VFR at Two Thousand, Five Hundred. Departure [FREQ], Squawk [CODE]

2) [Callsign], Cleared out of Bravo Airspace. Maintain VFR at or below Two Thousand, Five Hundred. Departure [FREQ], Squawk [CODE]

Or neither? And why?

joecoolinsc Rookie Spartanburg, SC

Both are correct. Neither more than the other.

Why? Because you can assign a fixed altitude, an at or above/below altitude, or no altitude at all, as appropriate to the individual situation.

MikeATC Retired FAA, NATCA Member Nashville TN

As long as the altitude is not below your MVA, both are correct. My preference would be the 2.

SnowAviation Senior Member Escondido, CA

Agreed. I too prefer to use "at or above" or below but as long as it's above the MVA you are golden.

noid Curtis E. Carr Jawja

I also agree. It's best to use at or below/above for MVA reasons as well as allowing flexibility in the altitude to remain clear of clouds.

MikeATC Retired FAA, NATCA Member Nashville TN

Actually in the .65 it states that you "SHALL NOT" issue altitudes below your MVA.

meatasaurusx Trusted Member Chi-town

You can however tell an aircraft to maintain vfr below the mva and as long as you do not give them an ifr clearance below the mva, you are not doing anything wrong. Being vfr, it is on them to maintain terrain and obstruction clearance and they are supposed to tell you it they cannot do so.

Also, atc is required to inform a pilot when they are leaving the bravo so I think it would be more appropriate to say maintain vfr at or below once they have left the bravo. From what your example says, im assuming that departure would be controlling the aircraft when they would be exiting the bravo anyways

The Fold Transmitting in the Blind South Florida

Indeed. For my example, I'm referencing Miami, although it doesn't really matter.

I would lean towards "maintain VFR at 2,500" because the aircraft would be a departure, and in Class Bravo, you wouldn't want an aircraft doing his own thing at or above or at or below. He's still VFR aand he can still avoid clouds as needed, or inform you if otherwise.

I apprieciate all your comments, though.

SnowAviation Senior Member Escondido, CA

I'm not sure that's true, do you have a 7110 reference? or are you talking about aircraft you are NOT vectoring?

joecoolinsc Rookie Spartanburg, SC

You're right Snow, it's not.

7-8-5. ALTITUDE ASSIGNMENTS
a. When necessary to assign altitudes to VFR
aircraft, assign altitudes that meet the MVA, MSA, or
minimum IFR altitude criteria.

This language appears several times in the .65

You may vector VFR's at any altitude but if you assign an altitude it must meet MVA, MSA or MIA.